Tabernacle Township, NJ Zoning Ordinance

Tabernacle Township
City Zoning Code

ARTICLE II

General District Regulations

§ 17-6 ACCESSORY BUILDINGS.

[Ord. 1985-7, A VI, A; Ord. #1986-12, § 2; Ord. #1988-2, § 1; Ord. #2003-2; Ord. #2004-10; Ord. #2005-5; Ord. #2006-8; amended 5-12-2025 by Ord. No. 2025-3]

Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. No building permit shall be issued for an accessory building prior to the issuance of a building permit for the principal building. Construction of the principal building shall precede or coincide with the construction of the accessory building otherwise the building permit for the accessory building may be revoked. The accessory building shall be compatible in appearance with the area in which it is located. The maximum wall height of any accessory building shall be 12 feet measured from the finished floor. The maximum building height of any accessory building shall be 20 feet or the height of the principal structure whichever is least.

No accessory building, nor the total area of all accessory buildings on any individual parcel, in any zone, district or area shall exceed 750 square feet on lots of 1.0 acre or less, 900 square feet on lots greater than 1.0 acre but less than 2.0 acres, 1,200 square feet on lots greater than 2.0 but less than 4.0 acres and 2,400 square feet on lots exceeding 4.0 acres. (A single shed of 100 square feet or less is exempt.) No property shall contain more than three accessory buildings of any size. No accessory building shall be located closer to the front property line than the rear building line of the principal building. All accessory buildings in all zones, districts or areas must be located at least 20 feet from other buildings on the property. Private residential swimming pools, which are accessory structures, are exempt from the prohibition dealing with distance from other buildings on the property. Car ports, including those of tent type or light metal type construction are not exempt from the requirements of this section and shall conform with the requirements applicable to accessory buildings.

All accessory buildings in all zones, districts or areas shall conform to the front, rear and side yard setbacks as set forth in the schedule of limitations as set forth in Article XVI of this Chapter, except that an accessory building of 100 square feet or less may be located within any required side yard or rear yard as close as 15 feet to the said side yard or rear yard property line.

Swimming pools and accessory buildings shall be permitted to be constructed at the same time as the primary structure. Occupancy and use of swimming pools or accessory buildings may not be occupied or occur before the primary structure is completed and a certificate of occupancy is issued, except for storage of building materials during construction.

§ 17-7 BUFFERS.

[Ord. #1985-7, A VI, B]

Buffer areas shall require site plan approval and are required along all lot lines and street lines which separate a townhouse, apartment or nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views or reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicular to lot and street lines. No structure, activity, storage of materials, or parking of vehicles shall be permitted in a buffer area. The location and design of buffer areas are intended to provide flexibility in providing effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, difference in elevations, the type of buffer such as dense planting, existing woods, a wall or fence, buffer height, buffer width, and other combinations of manmade and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.

All buffer areas shall be planted and maintained with either grass or ground cover maintained at a maximum height of eight (8") inches together with a screen or scattered planting of trees, shrubs, or other plant material meeting the following requirements:

The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffered area provided the growth is of a density and the area is of a width to serve the purpose of a buffer. For the purposes of this Chapter, a buffer is here defined as a landscaped or natural wooded area with a minimum width of seventy-five (75') feet containing 25% evergreen plant material consistent with environmental conditions of drainage, wind and sun exposure. Sizes and varieties of plant in newly established plantings shall be grouped so as to screen 75% of headlight glare within three years and be a minimum of eight (8') feet in height within three years. Ground cover of mulch, grass or other plant material shall be used to reduce collecting debris and present a pleasant appearance. Ground elevations shall require adjustments of plant height and shall relate to adjacent parking areas; loss in elevation in planting area in relation to parking area will necessitate proportionate increases to plant sizes. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, the plantings may be required.

The screen planting shall be so placed that at maturity it will not be closer than ten (10') feet from any street or ten (10') feet from any property line.

Shade trees shall be of nursery stock free of insect and disease as shown by valid nursery inspection certificates, a minimum of ten (10') to twelve (12') feet in height and one and one-half (1 1/2") to two (2") inches in caliper, and be of varieties approved for development by the Pinelands Comprehensive Management Plan or others receiving approvals by the Pinelands Commission, with grading quality and balling standards in accordance with the U.S.A. Standard for Nursery Stock, as sponsored by the American Association of Nurserymen, Inc. (1967).

Any plant material which does not live shall be replaced within one year or one growing season.

Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.

Species and varieties of plantings recommended for planting on Tabernacle streets and buffer areas shall be those approved by the Comprehensive Management Plan or Pinelands Commission and as set forth in C.M.P. 6-203.

§ 17-8 CORNER LOTS.

[Ord. #1985-7, A VI, C; Ord. #1997-7, § 5]

Any principal or accessory building located on a corner lot shall have a minimum setback from both street right-of-way lines equal to the required front yard and shall not interfere with a required sight triangle. The remaining yards shall both be considered as rear yards with respect to setback. Corner lots shall meet the requirements of the zone where located both as to frontage and setback. In no case shall the frontage be less than two hundred (200') feet on any street. Measurement shall be made from the ends of the connecting curve.

This provision requiring corner lots to have two front yards is not applicable to corner lots in either Medford Farms or Medford Park, where corner lots shall meet the same setback requirements as interior lots with one front yard, one rear yard and two side yards. The front yard of the dwelling must face the narrow frontage of the lot.

§ 17-9 ENERGY CONSERVATION.

[Ord. #1985-7, A VI, D]

All development shall be carried out in a manner which promotes energy conservation and maximizes active and passive solar energy in accordance with any applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy conserving building materials.

§ 17-10 FENCES AND WALLS.

[Ord. #1985-7, A VI, E]

Fences and walls shall not be located in any required sight triangle. Fences and walls in any residential district or around any residential use shall not be higher than four (4') feet unless set back from the street line the minimum setback required for the zone. Fences and walls shall not exceed six (6') feet in height when located more than the required setback from the street line in a residential zone district or around a residential use.

Fences and walls located in the required setback area from the street line shall have open space for light and air representing at least 50% of the fence area. This provision shall apply to fences and walls in any zoning district and surrounding any use.

Fences and walls around commercial, utility and industrial uses are limited to eight (8') feet in height. There shall be no height limitations for fences around agricultural uses nor shall there be any height limitations for vegetative fences around any use unless same is located in a sight triangle or setback area where related to a street.

§ 17-11 GRADING.

[Ord. #1987-7, A VI, F]

Lots where fill material is deposited shall have clean fill or topsoil, graded to allow complete surface drainage of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation of a drainage problem on site or on adjacent properties, or which will violate the provisions regulating soil erosion and sediment control, soil removal, development in wetlands or flood plains contained in the State law or any developmental ordinance of the Township. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operation shall be redistributed throughout the site.

§ 17-12 LIGHTING.

[Ord. #1985-7, A VI, G]

All area lighting shall provide for nonglare, color corrected lights focused downward, or translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of five-tenths (.5) foot candle over the entire area. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed seven and one-half (7 1/2%) percent of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences, and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects. No lighting shall shine directly or reflect into windows, or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of yellow, red, green or blue beam nor be of a rotating, pulsating beam or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting, and similar characteristics shall be subject to site plan approval by the Planning Board.

§ 17-13 LOT AREAS.

[Ord. #1985-7, A VI, H]

Where two or more adjoining lots are under the same ownership, and one or more of the lots does not conform with the minimum area or dimension requirements for the zone in which it is located, the lots shall be considered as a single lot and the provisions of this section shall apply.

§ 17-14 MULTIPLE USES FOR COMMERCIAL AND INDUSTRIAL SITES.

[Ord. #1985-7, A VI, I]

Shopping centers and industrial complexes receiving site plan approval where all buildings are designed as a united and comprehensive plan in accordance with the applicable zoning district standards, may have more than one building on a lot and more than one use within a building.

§ 17-15 NONCONFORMING USES, STRUCTURES OR LOTS.

[Ord. #1985-7, A VI, J]

The lawful use of land, buildings or structures existing on the effective date hereof may be continued although they may not conform to the provisions of this Chapter. However, none shall be enlarged, extended, relocated, converted to another use, or altered, except in conformity with this Chapter, except as permitted below. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming use be made more nonconforming in any manner.

§ 17-15.1 Existing Uses.

[Ord. #1985-7, A VI, J; Ord. #1989-3, § 3; Ord. #1997-9, § 5]

Notwithstanding the use restrictions contained in Articles III through X, any use existing on January 14, 1981 that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Article II, may be expanded or altered provided that:

The use was not abandoned or terminated subsequent to January 14, 1981;

The expansion or alteration of the use is in accordance with all of the minimum standards of Article II; and

The area of expansion does not exceed 50 percent of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981 or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

§ 17-15.2 Abandonment.

[Ord. #1985-77 A VI, J]

A nonconforming use shall be considered abandoned if:

It is terminated by the owner.

If a nonconforming use is discontinued for 12 consecutive months.

§ 17-15.3 Conversion to Permitted Use.

[Ord. #1985-7, A VI, J]

Any nonconforming building, structure or use changed to conform to the provisions of this Chapter, shall not be changed back to a nonconforming status.

Any nonconforming use or structure existing at the time of the passage of this Chapter may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof.

§ 17-15.4 Repairs and Maintenance.

[Ord. #1985-7, A VI, J]

Repairs and maintenance may be made to a nonconforming use, structure, or lot provided the repair and maintenance work do not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose, or otherwise increase the nonconformity in any manner.

§ 17-15.5 Sale.

[Ord. #1985-7, A VI, J]

Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.

§ 17-15.6 Nonconforming Lots and Structures.

[Ord. #1985 7, A Vl, J]

Any structure on a nonconforming lot, or a structure on a conforming lot which violates any yard requirements, may have additions to the principal building or construct an accessory building without an appeal to the Board of Adjustment, provided the total permitted building coverage is not exceeded and the accessory building or the addition to the principal building do not violate any other requirements of this Chapter.

§ 17-16 NONCONFORMING OR SUBSTANDARD LOTS, PINELANDS PROVISION.

[Ord. #1985-7, A VI, K; Ord. #1997-9, § 6]

Owners of nonconforming or substandard parcels of land in the Protection Area that can meet and satisfy the criteria of either paragraphs a or b set forth below shall be exempt from the density and/or lot size limitations of the Forest Area, the Rural Development Area, the Agricultural Production Area or the Regional Growth Area within the Township of Tabernacle, provided that:

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

The parcel has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;

The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements;

The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979; and

The bulk and area requirements for principal and accessory building construction set forth in the Schedule of Limitations[1] attached hereto are met, with the sole exception being that of the lot area requirement.

[1]

Editor's Note: The Schedule of Limitations, referred to herein, is codified as Article XVI of this Chapter.

The subdivision and/or site plan had previously received preliminary and/or final approval from the municipality and approval from the Pinelands Commission, or its predecessor, the Pinelands Development Review Board, subject to the conditions of any such approval, and further providing that said subdivision or site plan is within the protection period following preliminary and/or final approval granted by the Municipal Land Use Law.

§ 17-17 COMMERCIAL AND RECREATIONAL VEHICLES IN RESIDENTIAL ZONES.

[Ord. #1986-7, A Vl, L ]

No person shall park any truck, bus, trailer or tractor, the gross registered weight of which exceeds 12,000 pounds, out-of-doors within any residential district of a regional growth area, Pinelands Village, and approved major subdivisions wherever located in the Township. This requirement shall not pertain to farms wherever located.

Nothing within this Chapter shall be construed as preventing vehicles exceeding a gross registered weight of 12,000 pounds from making deliveries of merchandise within a residential zone; or as prohibiting any vehicle exceeding the gross registered weight of 12,000 pounds, used by any public utility company in connection with the construction, installation, operation or maintenance being used for such purposes. Neither shall this Chapter be construed as preventing vehicles exceeding a gross registered weight of 12,000 pounds from being used in cases of emergencies within a residential zone of the Township, in order to preserve and protect persons and property within the residential zone.

Recreation vehicles may be parked outside, in side or rear yard areas, only with a limit of one recreation vehicle per family permitted outside a building. Recreation vehicles so parked shall not be used for temporary or permanent residential purposes.

§ 17-18.1 Electricity.

[Ord. #1985-7, A VI, M]

Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

§ 17-18.2 Glare.

[Ord. #1985-7, A VI, M]

No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered, and directed as approved on the site plan so that any glare, direct light, or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.

§ 17-18.3 Air, Water and Environmental Pollution.

[Ord. # 1985- 7, A VI, M ]

No use shall emit heat, odor, vibrations, noise, or any other pollutant into the ground, water or air that exceeds the most stringent, applicable State and Federal regulation. No building permit, zoning permit or certificate of occupancy shall be issued for any use until a State permit has been issued, where a State permit is required, to ascertain and approve the level of emission, quality of emission, type and quality of emission control, and such other State regulations governing the emission of pollutants into the ground, water or air.

§ 17-18.4 Storage and Waste Disposal.

[Ord. #1985-7, A VI, M]

No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind.

All materials or wastes which might create a pollutant, be a safety hazard or be a health hazard shall be stored indoors or be enclosed in appropriate containers to eliminate such pollutant or hazard.

§ 17-19 PRINCIPAL USE.

[Ord. #1985-7, A VI, N; Ord. #1989-3, § 3; Ord. #2012-4, § 3]

No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management and recreational development on agricultural lands. "Principal use" shall include a use such as a shopping center which may contain an assortment of uses therein, and other mixed uses which are specifically permitted in a zone district within the same building or complex of buildings even though they may be located on one lot.

§ 17-20 SERVICE STATIONS.

[Ord. #1985-7, A VI, O]

All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication repair or similar activities shall be performed in an enclosed building and no dismantled parts shall be placed outside.

All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street line at least sixty (60') feet and from any other property line at least fifty (50') feet. A minimum space of twenty-five (25') feet shall exist between any two islands and between any island and the service station building.

No junked motor vehicles or part thereof, no new or used car offered for sale, no unregistered motor vehicle or not more than four motor vehicles incapable of normal operation on the highway shall be permitted outside an enclosed service station building except that not more than six motor vehicles may be located outside a building for a period not to exceed five days provided the owners are awaiting the repair of the motor vehicle.

The exterior display and parking of equipment or vehicles for rent or sale shall be permitted provided the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed 20% of the total area of the entire site, the maximum sign area for a service station is not exceeded, and that the location of the equipment or vehicles being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the on-lot traffic circulation indicated on the approved site plan.

It is intended that service stations be designed compatible with other permitted commercial or industrial uses in the zone in which they are located, that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection, and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for the nearby uses, the frequency of intersecting side streets, minimizing left turns off collector and arterial streets, and maintaining building setbacks compatible with the required setbacks and landscaping.

§ 17-21 SIGHT TRIANGLES.

[Ord. #1985-7, A VI, P]

Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle no grading, planting or structure shall be erected or maintained more than thirty (30") inches above the street centerline or lower than twelve (12') feet above the street centerline. The sight triangle is that area bounded by the intersecting street lines and a straight line which connects "sight points" located on each of the two intersection street center lines that following distances away from the intersection street centerlines; arterial streets at three hundred (300') feet; collector streets at two hundred (200') feet; and primary and secondary local streets, at ninety (90') feet. Where the intersection streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point ninety (90') feet on the intersecting street. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the site plan as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the zoning ordinance of the Township of Tabernacle." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setback provisions of this Chapter.

§ 17-22 SIGNS.

[Ord. #1985-7, A VI, Q; Ord. #1989-3, § 3]

No sign of any type shall be permitted to obstruct driving vision, traffic signals, sight triangles, traffic direction and identification signs. A building permit shall be required for all signs over four square feet in area. Mandatory provisions governing signs in the Preservation Area and the Special Agricultural Production Area are governed by N.J.A.C. 7:50-6.108.

§ 17-22.1 Animated, Flashing and Illusionary Signs.

[Ord. #1985-7, A VI, Q; Ord. #1997-9, § 7]

Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited. Any existing sign which does not conform to the provisions of this section shall be removed immediately. Any existing sign which does not conform to subsection 17-22.12 shall be removed no later than December 5, 1996.

§ 17-22.2 Attached Signs.

[Ord. #1985-7, A VI, Q]

Attached signs shall be affixed parallel to the wall to which they are attached and project nor more than fifteen (15") inches from the surface of the wall.

§ 17-22.3 Free-Standing Signs.

[Ord. #1985-7, A VI, Q]

No free-standing sign shall be situated in a sight triangle.

§ 17-22.4 Height.

[Ord. #1985-7, A VI, Q]

The uppermost part of an attached sign shall not exceed the base of the second floor window sill in a two or more story structure or the base of the roof or twenty-five (25') feet, whichever is lower in a one story structure or a structure without windows.

The uppermost part of a free-standing sign shall not exceed the base of the roof of the building or fifteen (15') feet, whichever is lower. The lowest portion of any attached sign which projects above an area traversed either by motor vehicles or pedestrians shall be at least fourteen (14') feet and ten (10') feet respectively.

§ 17-22.5 Illuminated Signs.

[Ord. #1985-7, A VI, Q]

Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. No sign shall be permitted beam, beacon or flashing illumination. All signs lighted exteriorly shall be lighted from the bottom and be shielded from adjoining lots, streets and interior drives and with the light source angled no closer to the horizontal than two vertical to one horizontal. All lights shall be either shielded or shall have a translucent fixture to reduce off-site effects.

§ 17-22.6 Location.

[Ord. #1985-7, A VI, Q]

Attached signs may be located anywhere that does not conflict with any height, obstruction to vision and similar regulations of this section. Free-standing signs shall be located only in the front yard and shall be no closer to a side lot than the minimum side yard for the principal building but in any event no closer to a street right-of-way than twenty-five (25') feet and not located in any sight triangle.

Signs and sign structures of all types shall be located to allow an unobstructed line of sight for at least three hundred (300') feet from the strip line of any intersection of two streets or the intersection of a driveway and a street and at least one hundred (100') feet from the intersection of two driveways within a parking or loading area.

§ 17-22.7 Maintenance.

[Ord. #1985-7, A VI, Q]

Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

§ 17-22.8 Number of Signs.

[Ord. #1985-7, A VI, Q]

Each commercial and industrial use shall be entitled to one free-standing sign only.

§ 17-22.9 Real Estate Signs.

[Ord. #1985-7, A VI, Q]

Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least fifteen (15') feet from all street and property lines. Such signs shall not exceed eight square feet in area for residential advertising nor 35 square feet for commercial and industrial uses. Such signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. All such signs do not require a building permit. No more than one sign shall be permitted along each street on which the building has frontage. Real estate signs shall be permitted only on the lot which the sign is advertising.

§ 17-22.10 Sign Area and Dimension.

[Ord. #1985-7, A VI, Q]

Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself. A free-standing sign with no lettering, wording, coloring or accompanying designs on one side shall not have that blank side included in the total area of the sign. Street number designations, postal boxes, family names on residence, on-site traffic directional and parking signs, signs posting property as "private property," "no hundred" or similar purposes, and "danger" signs around utility and other danger areas are permitted, but are not to be considered in calculating the sign area. The maximum dimension in any direction along the surface of the sign shall be ten (10') feet.

§ 17-22.11 Temporary Signs.

[Ord. #1985-7, A VI, Q]

Not more than one sign advertising the name of the building under construction, general contractor, subcontractor, financing institution, any public agencies or officials and the professional personnel who worked on the project are permitted on a construction site beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy for the structure or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of 32 square feet.

§ 17-22.12 Off-Site Commercial Advertising Signs.

[Ord. #1985-7, A VI, Q; Ord. 1997-9, § 8]

No outdoor, off-site commercial advertising sign shall be permitted, except that:

Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in the Regional Growth Area; and

Signs advertising agricultural commercial establishments shall be permitted, provided that:

No more than two signs shall be placed in any one direction along each road directly approaching the establishment; and

No sign along a four-lane State or Federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.

§ 17-22.13 Commercial Buildings Facade Sign.

[Ord. #1985-7, A VI, Q]

Every commercial building may have one lighted or unlighted facade sign displaying the name of the use, attached flat against the face of the building facing the street. Such sign shall not exceed an area equivalent of 5% of the facade to which it is attached. Where the building is located so as to face more than one street, one such lighted or unlighted sign as above may be attached flat against such other facade, which sign shall not exceed an area equivalent to 1/2 that of the sign on the main facade of the building.

§ 17-22.14 Commercial Buildings - Free-Standing Signs.

[Ord. #1985-7, A VI, Q]

Each commercial building may have one lighted free-standing sign, which sign shall not exceed 60 square feet one side nor twenty-five (25') feet in height measured from its base at the surface of the ground to its uppermost height.

Multiple uses conducted in one or more buildings shall be governed by the above limitations on size and number of signs unless such activity qualifies as a shopping center.

§ 17-22.15 Shopping Centers.

[Ord. #1985-7, A VI, Q]

Any shopping center located in other than the shopping center commercial district may have one free-standing lighted but non-moving sign along each arterial or collector road which the tract in question abuts, provided there exists at least two hundred (200') feet of unbroken frontage. Such sign shall not exceed a height of twenty (20') feet; shall be set back from any property line a minimum of seventy-five (75') feet and shall not exceed an area of 100 square feet. A shopping center shall be defined as a use consisting of more than five separate uses grouped together.

Each shopping center in the shopping center commercial district may have one free-standing interior lighted but non-moving sign along each arterial or collector road which the tract in question abuts, provided there exists at least three hundred (300') feet of unbroken frontage. Such sign shall not exceed a height of fifty (50') feet; shall be set back from the street rights-of-way and driveways at least fifty (50') feet; and shall be set back from any property line a minimum of one hundred (100') feet and shall not exceed an area of 200 square feet.

Provisions applicable to shopping centers in any zone:

Where uses share a common walkway, each use served by the walkway may have one additional sign identifying the use, suspended in perpendicular fashion from the roof over the walkway. Suspended signs shall be no closer than eight (8') feet at their lowest point to the finished grade level below them. No such signs shall exceed eight square feet in area.

All signs in a shopping center shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the shopping center.

§ 17-22.16 Service Stations.

[Ord. #1985-7, A VI, Q]

Service stations may be permitted one free-standing sign (lighted but non-moving) and one sign attached flat against the building. The freestanding sign shall not exceed sixteen (16') feet, shall be set back at least ten (10') feet from the street right-of-way and shall not exceed 30 square feet in area. The attached sign shall not exceed 20 square feet in area nor exceed the height of the roof line.

§ 17-22.17 Industrial Uses.

[Ord. #1985-7, A VI, Q]

Industrial uses may have one lighted sign per use, said sign not larger than the equivalent of 5% of the area of the front wall of the building or 100 square feet, whichever is smaller. If attached to the building, the sign shall not be higher than the roof line; if free-standing, the sign shall not exceed six (6') feet in height and shall be set back from the street line at least fifty (50') feet.

§ 17-23.1 Cultural Housing.

[Ord. #1985-7, A VI, R; Ord. #1989-3, § 3; Ord. #1993-2, § 2; Ord. #1997-9, § 9]

In the Rural Development Area, Forest Area, the Agricultural Production Area, the Preservation Area, Infill District and the Special Agricultural Production Area, residential dwellings on 3.2 acre lots meeting the following criteria shall be a permitted use, provided that:

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;

The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and

The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.

§ 17-23.2 Additional Provisions for Cultural Housing.

[Ord. #1993-2, § 2; Ord. #1993-4, § 2]

In the Rural Development Area, Forest Area, Agricultural Production Area, Preservation Area, Infill District and Special Agricultural Production Area, residential dwellings on lots of one (1.0) acre meeting the following criteria shall be a permitted use, provided that:

The applicant satisfies all of the requirements set forth above in subsection 17-23.1 of this section;

The lot to be developed existed as of February 8, 1979 or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;

The applicant qualifies for and receives from the Township a variance from the 3.2 acre lot size requirement set forth in subsection 17-23.1 above;

The applicant purchases and redeems 0.25 Pinelands Development Credits; and

Any Pinelands Development Credits allocated to the lot to be developed are reduced pursuant to N.J.A.C. 7:50-5.43(b)3 of the Comprehensive Management Plan.

§ 17-24 RESOURCE EXTRACTION. [1]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 1985-7.

§ 17-24.1 General Provisions.

[Ord. # 2003-11, § I]

The regulations contained herein are in addition to, and not in place of, any and all requirements that may be in effect from time to time under the Pinelands Comprehensive Management Plan and the Pinelands Commission regulations for resource extraction. To the extent that any of the rules, regulations or provisions herein conflict with the provisions thereof, the more restrictive provisions shall apply.

Except as otherwise authorized in this section, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited.

§ 17-24.2 Application.

[Ord. #2003-11, § I; amended 9-23-2024 by Ord. No. 2024-8]

Any application filed for approval of resource extraction operations in the Pinelands shall include at least the following information, and be prepared by a professional engineer licensed in New Jersey.

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development;

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown;

A topographic map at a scale of one (1") inch equals 100 feet, showing the proposed dimensions, location and operations on the subject property;

The location, size and intended use of all buildings, structures, and improvements;

The location of all points of ingress and egress;

A location map, including the entire site and an area extending at least three hundred (300') feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats;

The locations of all existing and proposed streets and rights-of-way, including railroad rights-of-way;

A soils map;

A reclamation plan which includes:

Method of stockpiling;

Proposed grading and final elevations;

Topsoil material application and preparation;

Type, quantity and age of vegetation to be used;

Fertilizer application including method and rates;

Planting method and schedules;

Maintenance requirements schedule; and

A phasing plan;

A dust management plan to ensure dust does not migrate beyond the borders of this site;

A health and safety plan in compliance with applicable Mine, Health, and Safety Administration and New Jersey Department of Mines requirements;

For all areas proposed for extraction or mining, the applicant shall provide the Board with an unrestricted Use No Further Action Letter issued by the New Jersey Department of Environmental Protection that represents current site conditions. This No Further Action Letter shall demonstrate the uncontaminated nature of the areas from which the material resources are proposed for extraction.

If site contains any historic solid waste disposal facility, landfill, or dump, all resource extraction activity shall be prohibited from those specific disposal areas until such a time as the solid waste facility, landfill, or dump has been properly removed with a valid NJDEP permit. Applicant shall provide a copy of the solid waste disruption or removal permit application and NJDEP permits. Neither excavated waste nor excavated waste which has been separated by such processes, as screening from surrounding material shall be stored on site for more than 24 hours.

Applicant shall provide a list of the sources of soil to be transported to the site, if any, and shall certify such soils to be free of any contaminants as that term is defined by the NJDEP at N.J.A.C. 7:26E. Applicant shall maintain all such records and receipts for soil transported to the site and shall make same available for inspection by the Township for a period not less than 10 years from the date of deposition of the soil. Soils must originate in the Pinelands and shall not originate at any contaminated site or waste site. Soils shall possess characteristics similar to the soils native to the subject property.

A traffic impact report and traffic management report, prepared in accordance with NJDOT standards, showing the impact of the off-site soil removal operation on neighboring roads and how said impact will be minimized.

Any applicant who files an application under this section shall deposit with the Township Clerk an escrow to cover the Township's legal and engineering costs of $3,000. The Township Engineer shall inspect the property at least two times per year, and the costs of such inspection shall be billed against an additional escrow of $2,000 per year to be posted by the applicant for such purpose.

Should an agricultural use be the basis for excavation and off-site soil removal, a Farm Conservation Plan designed in accordance with the United States Department of Agriculture, Natural Resource Conservation Service New Jersey Field Office Technical Guide, as amended and supplemented, that has been approved by the Soil Conservation District;

A signed acknowledgment from both the owner and the operator that they are responsible for any resource extraction activities which are contrary to any provisions of this section or for the approved resources extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;

A financial surety, guaranteeing performance of the requirements of N.J.A.C. 7:50-6.68 and 7:50-6.69 in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval, which is granted, as well as any restoration not completed to date. The financial surety, which shall name the Commission and the Township of Tabernacle as the obligee, shall be posted by the property owner or his agent with the Township of Tabernacle;

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and

When prior approval for the development has been granted by the Township of Tabernacle, evidence of Pinelands Commission review pursuant to the Land Development Review Ordinance of the Township of Tabernacle.

A community impact study/statement showing the impact of the off-site soil removal operation on the community and the areas of the Township in the immediate vicinity of the proposed operation.

aa.

If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.

§ 17-24.3 Time Limit on Board Approval.

[Ord. #2003-11, § I]

Board approvals authorizing resource extraction shall be effective for a period of two years. Nothing in this section shall be constructed to prohibit any person from securing additional permits provided that the requirements of this section are met.

§ 17-24.4 Resource Extraction Standards.

[Ord. # 2003-11, § I]

Resource extraction activities and regulation activities shall:

Be designed so that no area of excavation, storage area, equipment or machinery or other structure or facility is closer than two hundred (200') feet to any property line:

Be located on a parcel of land of at least 20 acres;

Provide that all topsoil that is necessary for restoration will be stored on the site but not within two hundred (200') feet of any property line. The topsoil will be protected from wind or water erosion in accordance with that approved dust management plan, and the soil erosion and the Soil, Erosion and Sediment Control Standards of the State of New Jersey;

Access roads shall be fenced or blocked so as to prevent unauthorized entry into the resource extraction operation;

Provide ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;

Be designed so that all stormwater and surface run-off will be maintained on the parcel in a manner that will provide for on-site recharge to ground water in accordance with the standards established by the Pinelands Comprehensive Management Plan and the New Jersey Storm Water Management Regulations;

Be carried out in accordance with an extraction schedule which depicts the anticipated sequence for extraction by site area or phase as identified by the applicant;

Not involve clearing or excavation within one hundred fifty (150') feet of surface water bodies;

Not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time;

Involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the following requirements:

Restoration shall be a continuous process and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover be established within three years after resource extraction is completed for each portion of the site mined;

Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in the application;

All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of surface of restored surfaces shall not exceed one (1') foot vertical to three (3') feet horizontal except as provided in paragraph j, 6 below;

Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway;

Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated;

All equipment, machinery and structures shall be removed within six months after the resource extraction operation is terminated and restoration is completed;

Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:

(a)

Stabilization of exposed areas by establishing ground cover vegetation; and

(b)

Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:

(1)

The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;

(2)

Cluster planting of characteristic Pinelands oak species, such as blackjack oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;

(3)

A combination of the planting techniques or native Pinelands species as may be necessary to restore the vegetation association, which existed prior to the extraction activity.

(4)

The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association, which existed prior to the extraction activity.

Applicant shall submit a status report to the Land Development Board at least annually on the anniversary date of the approval as to the status of the restoration process.

The letter of credit, surety bond, or other guarantee of performance which secures restoration for each section shall be released after the Township of Tabernacle has determined that the requirements of j, 1 through 8 above are being met and the guarantee for a period of two years thereafter.

Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan;[1]

[1]

Editor's Note: The Pinelands Comprehensive Management Plan, referred to herein, may be found on file in the office of the Township Clerk.

Be conducted such that all on-site soil removal activities and reclamation activities including but not limited to grading, excavation, stockpiling, loading and trucking, shall be conducted in accordance with the hours of operation submitted as part of the traffic impact report and traffic management report, location map and community impact study, submitted by the applicant pursuant to subsection 17-24.2s. In no event shall soil removal activities as defined herein be conducted earlier than 7:30 a.m. nor later than 4:00 p.m. on weekdays. No soil removal activities nor reclamation activities shall be conducted on Saturdays, Sundays or holidays;

Shall be conducted by a maximum of four pieces of moving equipment on site, and a list of said equipment shall be submitted with the application and updated as equipment changes. All stationary equipment shall be noted on the site plan;

Shall be conducted in accordance with an approved traffic impact plan detailing the maximum number of truckloads per working day to be hauled from the site. Such impact study to demonstrate the maximum number of truck loads per working day allowable in order to prevent negative impacts. Applicants shall report monthly the number of truckloads taken out of the site. Removal of any landfill will not impact on the number of loads allowed for mined material from any approved extraction areas;

Shall include installation of one monitoring well per 10 acres of the total site. However, a minimum of three monitoring wells shall be required to establish and verify ground flow and direction irrespective of site size. Each well is to be monitored a minimum of one time per year for the following:

All parameters required by the New Jersey Private Well Testing Act and Regulations as adopted by the New Jersey Department of Environmental Protection and such additional parameters as determined by the Land Development Board. A copy of the laboratory report shall be provided to the Land Development Board with any initial application and thereafter on or before the anniversary date of the approval;

No excavation shall occur within five (5') feet of the seasonal high water table.

§ 17-24.5 Penalties.

[Ord. # 2003-11, § II]

For violation of any provision of this Code, the maximum penalty upon conviction of the violation shall be for each of said violations one or more of the following: imprisonment in the County Jail or in any place provided by the Township for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $1,250; or by a period of community service not exceeding 90 days. A violation of any individual subsection of this section shall be treated as a separate and individual violation for the purposes of application of penalties.

§ 17-25 COMMERCIAL AND INDUSTRIAL USES: GENERAL REQUIREMENTS; MINIMUM OFF-STREET PARKING; MINIMUM OFF-STREET LOADING.

[Ord. #1985-7, A VI, T; Ord. #1994-5, § 3; Ord. #1995-6, § 3]

The following general requirements shall be applicable to all commercial and industrial development in any district and any area in the Township of Tabernacle unless expressly superseded by an express requirement for commercial and/or industrial development in that district or area.

Any principal building may contain more than one use and/or organization. Any lot may contain more than one principal structure provided each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision regulations, including frontage on a public street. Each use must occupy a minimum gross area of 750 square feet.

At least the first twenty (20') feet for commercial uses and seventy-five (75') feet for industrial uses, the area adjacent to any street line, and twenty (20') feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete or Belgian block curbing.

All building shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seedling or similar plantings and maintained in good conditions.

A minimum buffer area of twenty-five (25') feet in width for commercial uses and seventy-five (75') feet in width for industrial uses, shall be provided along any common property line with a residential district or residential use.

Access to Lots.

Access drive shall be limited to a maximum of two to any street and their center lines shall be spaced at least sixty-five (65') feet apart. Each access drive shall:

(a)

Handle no more than two lanes of traffic.

(b)

Be at least fifty (50') feet or 1/2 the lot frontage, whichever is greater, but need not exceed two hundred (200') feet from the street line of any intersecting street.

When the width of a property along any one street exceeds five hundred (500') feet in length, one access drive may be permitted for each two hundred fifty (250') feet of property frontage. The width of curb cut shall be determined by the type to be handled and the limitation to no more than two lanes of traffic. Driveways with widths exceeding twenty-four (24') feet shall be reviewed by the Planning Board giving consideration to the width, curbing, direction of traffic flow, radii of curve, and traffic land divider. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.

Each development in the Commercial, Industrial, or Shopping Center/Commercial Zoning District shall adhere to the following requirements:

(a)

For development of a building or buildings of less than 20,000 square feet cumulative, at least one access to a collector or arterial street.

(b)

For development of a building or buildings between 20,000 square feet or 50,000 square feet cumulative, at least two accesses, one of which must be to an arterial street.

(c)

For development of a building or buildings in excess of 50,000 square feet cumulative, at least two accesses, two which must be to an arterial street.

(d)

There shall be no access using minor streets or streets serving a residential subdivision.

(e)

A grocery/supermarket building of less than 50,000 square feet that is the sole use of the site and not an anchor to support other uses, may be developed in accordance with only paragraphs (a) and (d) set forth above.

Access to Parking and Loading Spaces. Individual parking and loading spaces shall be served by internal, on-site driveways designed to permit each motor vehicle to proceed to and from each parking and loading space without requiring the moving of any other motor vehicle and shall be dimensioned as outlined in paragraph e above of this section. Where the angle of parking is different on both sides of the aisle or driveway, the larger aisle width shall prevail.

Buffers. Parking and loading areas for apartment, townhouse, commercial and industrial uses shall be buffered from adjoining streets, existing residential use, or any residential zoning district.

Curbing. All off-street parking and loading areas shall have concrete or Belgian block curbing around the perimeter or the parking and loading areas and to separate major interior driveways from parking spaces. Curbing may also be installed within the parking or loading areas to define segments of the parking or loading areas. Concrete wheel blocks may be located within designated parking or loading spaces. All curbings shall be located in conjunction with overall drainage plan. Curbing installed at locations requiring pedestrian or bicycle access over the curbing shall be designed with breaks in the curb height with ramps from the street grade to the sidewalk. The breaks shall be either opposite each traffic lane or no less frequent than one every sixty-five (65') feet along the curb.

Drainage. All parking and loading shall have catch basins and drainage facilities installed in accordance with good engineering practice as approved by the municipal engineer. Where subbase conditions are of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six (6") inches to twelve (12") inches below the proposed finished grade and filled with a suitable subbase material as determined by the municipal engineer. Where required by the engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

Surfacing to Be Approved as Part of the Site Plan Approval.

Area of ingress and egress, loading and unloading areas, major interior driveways and aisles, and other areas likely to experience similar heavy traffic shall be paved with not less than four (4") inches of compacted base coarse of plant-mixed bituminous stabilized base coarse constructed in layers not more than two (2") inches compacted thickness, or equivalent, and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961), and amendments thereto. A minimum two (2") inch thick compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications and amendments thereto.

Parking space areas and other areas likely to experience light traffic shall be paved with not less than three (3") inches of compacted base coarse of plant-mixed bituminous stabilized base coarse, or equivalent, prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. At least one and one-half (1 1/2") inch compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications and amendments thereto.

Landscaping for Parking and Loading Areas. Landscaping in parking and loading areas shall be shown on the landscaping plan. Trees shall be staggered or spaced so as not to interfere with driver vision, have branches no lower than six (6') feet, and placed at the rate of at least one tree for every 10 parking spaces. All areas between the parking area and the building shall be landscaped per approved drawings. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking area shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singularly or in combination. Whenever possible landscape shall conform to predominating architectural features of structures, e.g., Spanish and Desert, stone mulches; Early American, formal lines.

Dimensions. Off-street parking spaces shall be a minimum of nineteen (19') feet long and shall be ten (10') feet wide with the exception of handicapped parking spaces which shall be a minimum of twelve (12') feet wide and nineteen (19') feet long. Handicapped spaces shall be located in one area, conveniently located with respect to access to the building, designated as parking for the handicapped by the developer, and shall be located so that access does not require wheeling or walking behind parked cars wherever practical. Handicapped spaces shall be provided in such number as is required by State law for the size of the facility involved.

§ 17-26 MINIMUM OFF-STREET PARKING.

[Ord. #1985-7, A VI, U]

Parking requirements shall be as follows:

Retail sales of goods and services: Five and one-half (5 1/2) spaces per 1,000 square feet of gross floor area or fraction thereof.

Barber and beauty shops: Two spaces per chair.

Restaurants, bars, taverns and night clubs: One space for every three seats.

Department stores: Seven spaces per 1,000 square feet of gross floor area or fraction thereof.

Garden centers: Six spaces per 1,000 square feet of gross floor area or fraction thereof of building area plus one-half (1/2) space per 1,000 square feet of outside storage, sale or display area.

Banks and professional offices: Six spaces per 1,000 square feet of gross floor area or fraction thereof.

Theaters: One space for every four seats.

Bowling alleys: Four spaces per bowling lane.

Automobile sales: Ten spaces for customer convenience separated from vehicular displays and not used by employees.

10.

Service stations shall provide at least three spaces per bay. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking spaces shall obstruct access to such facilities.

11.

Car washes: Three access lanes for each mechanized car wash entrance with each lane having a minimum capacity for 12 vehicles; one separate space for each waxing, upholstery cleaning or similar specialized service area, and one space for every two employees. All vehicle entrances shall be from the rear of the building and all parked and waiting vehicles shall be accommodated on the lot.

12.

Veterinary hospital: Six spaces per examination room or doctor, whichever is greater.

13.

Wholesale fuel distribution: One space each 10,000 square feet gross yard area required for the use.

14.

Medical center, doctor or dentist's office: Six (6) spaces per examination room or doctor or dentist, whichever is greater.

15.

Mortuaries: Fifty spaces per viewing room and chapel.

16.

Professional office as home occupation: One space each 200 square feet of gross floor area, minimum of six spaces.

17.

Research: One space each 1,000 square feet of gross floor area.

18.

Schools:

(a)

Elementary: One and two tenths spaces each classroom plus a minimum of one space for each teacher and staff member.

(b)

One and one-half (1 1/2) spaces per classroom plus minimum of one space for each teacher and staff member.

(c)

Secondary: One space per classroom plus a minimum of two spaces for each teacher and staff member, plus one space per 10 students based on school capacity.

19.

Church: One (1) space for each three seats.

20.

Community swimming pool: One space for 15 square feet of water surface area.

21.

Day care center: One space for each 600 square feet gross floor area.

22.

Fire house: One space for each 400 square feet of gross floor area.

23.

Golf course: Four spaces per hole.

24.

Hospital: One and one-half (1 1/2) spaces per bed.

25.

Library: One space for each 300 square feet gross floor area.

26.

Lumber and contractor's yard: One space per 5,000 square feet gross yard area required for use.

27.

Industrial uses:

(a)

One space for every 1,000 square feet or fraction thereof of floor area used for storage and warehousing plus one space for every 700 square feet or fraction thereof of floor area used for manufacturing plus one space for every two hundred (200) square feet or fraction thereof of floor area used for offices.

(b)

In addition, one space for every vehicle owned and/or operated by the use operating from that site shall be provided.

(c)

Each use shall provide a sufficient number of spaces in appropriate locations so that no driveway, aisle, fire lane or street right-of-way is used at any time for parking.

28.

Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrances and exits where feasible to minimize access points to the street.

29.

Where more than one use occupies one building or where there is an attached group of buildings, the total parking spaces shall be an accumulation of the various standards appropriate to the uses noted above except where more than five separate uses are grouped into one area using common parking facilities and controlled access points to the parking area, the total parking need may be computed on the basis of providing at least five and one-half (5 1/2) spaces per 1,000 square feet of gross floor area or fraction thereof to serve the total complex.

30.

Hotels and motels: One and one-quarter (1 1/4) spaces per room.

31.

Shopping centers: Parking shall be provided on the basis of 51/2 spaces per 1,000 square feet of gross floor area or fraction thereof.

§ 17-26A.1 Purpose.

[Added 6-26-2023 by Ord. No. 2023-3]

The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

§ 17-26A.2 Definitions.

[Added 6-26-2023 by Ord. No. 2023-3]

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L.2019, c.362 (C.48:25-1 et al.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).

§ 17-26A.3 Approvals and Permits.

[Added 6-26-2023 by Ord. No. 2023-3]

An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and Make-Ready Parking Spaces installed pursuant to subsection 17-26A.4 below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph a above.

All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The zoning officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this ordinance shall be subject to the same enforcement and penalty provisions as other violations of Township of Tabernacle's land use regulations.

An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met;

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations; and

Within the Pinelands Area, the proposed installation complies with the minimum environmental standards of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.1 et seq.).

An application pursuant to paragraph e above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete,

A notice of incompleteness is not provided within 20 days after the filing of the application, or

A one-time written correction notice is not issued by the zoning officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

In the Pinelands Area, an application pursuant to paragraph e above shall also require the submission of a Certificate of Filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 17-72b7 of the Code of Tabernacle Township.

Upon deeming an application complete pursuant to Section 6. Above, the zoning officer shall issue a zoning permit in accordance with § 17-64 of the Code of Tabernacle Township, and the following:

In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of § 17-75 and § 17-76 have been met, unless the proposed development meets the criteria of § 17-72b7 of the Code of Tabernacle Township.

EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as accessory use shall not be subject to review based on parking requirements.

§ 17-26A.4 Requirements for New Installation of EVSE and Make-Ready Parking Spaces.

[Added 6-26-2023 by Ord. No. 2023-3]

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.

Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph a above shall:

Install at least one Make-Ready parking space if there are 50 or fewer off-street parking spaces.

Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there are 101 to 150 off-street parking spaces.

Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

Notwithstanding the provisions of this Section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.

§ 17-26A.5 Minimum Parking Requirements.

[Added 6-26-2023 by Ord. No. 2023-3]

All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 17, Section 26.

A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and Make-Ready parking spaces above what is required in subsection 17-26A.4 above may be encouraged, but shall not be required in development projects.

§ 17-26A.6 Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.

[Added 6-26-2023 by Ord. No. 2023-3]

Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation:

Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than 9 feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

EVSE Parking:

Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

Public Parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the New Jersey State Police and enforced in the same manner as any other parking. It shall be a violation of this Section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of Chapter 1 of the Tabernacle Municipal Code. Signage indicating the penalties for violations shall comply with paragraph e below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

Private Parking. The use of EVSE shall be monitored by the property owner or designee.

Safety.

Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph e below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Township of Tabernacle's ordinances and regulations.

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in e. below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Township of Tabernacle shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

Signs.

Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with paragraph 2 above.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

(a)

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee.

(b)

Usage fees and parking fees, if applicable; and

(c)

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage Fees.

For publicly accessible municipal EVSE, In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be .40 per kWh for each hour that the electric vehicle is connected to the EVSE.

This fee may be amended by a resolution adopted by the governing body.

Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

§ 17-27 MINIMUM OFF-STREET LOADING: LOCATION OF PARKING AND LOADING AREAS.

[Ord. #1985-7, A VI, V]

Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area at the side or rear of the building. There shall be no loading or unloading from the street.

	Pinelands Village	Commercial	Industrial
Space size	15 x 30	15 x 40	15 x 40
First space	1 per 4,000 s.f. gross floor area or fraction thereof	1 per 5,000 s.f. gross floor area or fraction thereof	1 per 8,000 s.f. gross floor area or fraction thereof
Additional Spaces	Same as above	7,000 s.f. or fraction	Same as above

A minimum of one space per use except that where more than one use shall be located in one building or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex, shall be dispersed throughout the site to best serve the individual uses, and shall have site plan approval.

There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions; and if located outside the building, it may be located adjacent to or within the general loading areas provided the container in no way interferes with or restricts loading and unloading functions.

All off-street loading areas shall be lighted.

Loading area requirements may be met by combining the floor area of several commercial activities taking place under one roof and applying the above ratios.

No off-street loading and maneuvering areas shall be located in any front yard.

Loading, spaces shall be located on the same lot as the use being served, may abut the building being served rather than requiring a setback from the building, and shall be located to directly service the building for which the space is being provided. Parking spaces shall be located at least twenty (20') feet from any building being served.

No loading and parking spaces shall be located in any required buffer area.

Off-street parking spaces for office buildings (other than offices in shopping centers) may have parking located in the front yards limited to not more than 20% of the total number of spaces required.

Parking spaces located to service residential uses shall be within one hundred fifty (150') feet of the entrance of the building. Parking spaces located to service commercial or industrial uses shall be within three hundred (300') feet of the building entrances.

No parking shall be permitted in fire lanes, driveways, aisles, sidewalks or turning areas.

Parking areas for shopping centers may be located in any yard. Parking spaces for residential uses may be located in any yard as designated for individual structures within a complex, but parking shall be discouraged from being located in the yard space between the existing public streets and the setback line, but when located within this yard area, shall be set back from the street a minimum of one hundred (100') feet.

Where any use is located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer than two hundred (200') feet to any property line and where the length of the driveway connecting the loading area may be less than the number required by the above schedule provided the applicant as part of the site plan application shall indicate on his site plan and shall document for the Planning Board how the number of spaces to be provided will be adequate to meet the needs of the specific use proposed.

§ 17-28 PUBLIC DEVELOPMENT.

[Ord. #1985-7, A VI, W]

All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in Article 4, Part 4 of the C.M.P. and all the standards set forth in Article II of this Chapter.

§ 17-29 FINANCIAL GUARANTEES REQUIRED BY THE C.M.P.

[Ord. #1985-A VI, X; Ord. #1997-9, § 10]

Whenever a financial guarantee is required for compliance with any provision of the Pinelands Comprehensive Management Plan such as Article 6, Part 6, Resource Extraction, Section 6-606 (9), or with this Chapter, said financial guarantee shall be posted and administered by the municipality, and shall be in such amount as to guarantee the performance of the requirements of C.M.P. Section 6-607 and subsection 17-37.2d and e of this Chapter.

§ 17-30 RIGHT TO FARM. [1]

[Ord. #1985-7, A VI, Y]

Every agricultural operation in the municipality wherever located is hereby protected and exempt from all nuisance ordinances (C.M.P.-6-504) and are governed by the right to farm ordinance adopted by the Township of Tabernacle, Ordinance No. 1981-9.

[1]

Editor's Note: Ordinance No. 1981-9 is codified in Chapter 2, Section 2-17.

§ 17-31 PLANNING BOARD AS HISTORIC PRESERVATION BOARD.

[Ord. #1985-7, A VI, Z; Ord. #1989-3, § 3]

The Planning Board of the Township of Tabernacle shall have the powers and duties provided in subsection 17-43. Any matter coming before the Board under this provision may be referred to the Tabernacle Historical Society for a report, which society shall have 35 days to report to the Planning Board subject to the provisions of N.J.S.A. 40:55D-26 and 27.

§ 17-32 KEEPING OF HORSES.

[Ord. #1985-7, A VI, AA]

The keeping and use of horses on private property shall be allowed as an accessory use in any zoning district or area, which is the site of a private residence, providing the following criteria are met:

Not more than two horses or ponies (including the newborn of both) may be kept on a lot of at least one acre, which area shall include the dwelling thereon, with the right to increase this number at the rate of one additional horse or pony for each additional 10,000 square feet of land.

No horses or ponies may be kept or maintained in the front yard area of any lot as the same is defined in this Chapter.

A stable or barn shall be provided for any horses or ponies kept on the premises which shall be located at least thirty-five (35') feet to the rear of the dwelling on the lot upon which it is constructed and there shall be a minimum side yard on each side thereof of at least twenty (20') feet.

The lot upon which the horses or ponies are maintained shall be enclosed by a fence which shall be constructed of such materials and in such a manner as to prevent their escaping therefrom, the suitability of the construction of which shall be approved by the Construction Official upon submission of a plan for same. Such fence shall be a minimum of four (4') feet in height and a maximum of six (6') feet in height. Possible types of construction can be a four board fence, nailed from the inside, said boards to be at least one inch by six (1" x 6") inches; post and rail; pipe or any other similar material found suitable by the Construction Official and which are aesthetically compatible to the character of the development in the area where it is to be located. All such fences shall be set back a minimum of five (5') feet from the side property lines.

All feed for the horses or ponies shall be stored in rodent-proof containers.

All manure on the premises shall be handled and stored in such a manner that it doesn't create a health hazard or a public nuisance. Manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances.

No commercial use such as the letting of horses or ponies for hire shall be engaged in on the property. The animals shall be maintained for the private use of the occupants of the residence on the premises.

Each horse shall be provided with 800 square feet of corral space and 400 square feet for each additional horse. The roofed stable shall contain at least 100 square feet of stall space per animal.

Deviation from the above dimensional requirements shall be the subject of a variance proceeding before the Zoning Board of Adjustment of the Township. The requisite proof for the variance shall be based on topographic conditions with the proof showing that reduction of the dimensional requirements can be made without substantial detriment to adjacent properties. Topographic conditions such as but not limited to the following are the type of conditions to be considered: soil type; character of adjacent properties; size of adjacent properties; the distance of adjacent residential structures and accessory buildings from the property in question; foliage, existing and proposed, both on site and on adjacent properties; the type of stable, pen, corral, fences, and/or other structures proposed for the keeping, stabling and containment of the animals; the type of waste management disposal plan.

Notwithstanding the foregoing provisions, there shall be no horses or ponies kept or maintained on any lands which are located where there has been residential development based upon an approved subdivision or subdivisions granted by the Tabernacle Township Planning Board and said development has resulted in a housing density of more than 40 homes within a 60 acre land area unless permission is granted for the same by the Zoning Board of Adjustment in accordance with the provisions.

Anyone who on the effective date of Ordinance No. 1981-5 and who had prior to the introduction thereof maintained horses or ponies upon their premises for the use of the occupants of the residence thereon and/or had a barn or stable thereon which had been constructed in accordance with a building permit issued by the Township, may continue such use and/or structure thereon notwithstanding any of the provisions of this Chapter or any prior zoning ordinance of the Township.

§ 17-33.1 Pinelands Development Credit Established.

[Ord. #1985-7, A VI, BB; Ord. #1989-3, § 3; Ord. #1993-2, § 2; Ord. #1997-9, § 11]

Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the State for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in N.J.A.C. 7:50-5.43(b), every parcel of land in the Preservation Area District, Infill District, Agricultural Production Area, or Special Agricultural Production Area (sending districts) shall have a use right known as Pinelands Development Credits that can be used to secure a density bonus for lands located in a Regional Growth Area (receiving district). Pinelands Development Credits shall be allocated pursuant to N.J.A.C. 7:50-5.43(b) and may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq. Bulk and area limitations for development in the Regional Growth Area when using Pinelands Development Credits are set forth in the Schedule of Limitations of this Chapter.[1]

[1]

Editor's Note: The Schedule of Limitations referred to herein is codified as Article XVI of this Chapter.

§ 17-33.2 Limitations on Use of Pinelands Development Credits.

[Ord. #1985-7, A VI, BB; Ord. #1989-3, § 3; Ord. #1991-3, § 2; Ord. #1992-3, § 2; Ord. #1997-9, § 12; Ord. #2001-4, § 4]

No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in subsection 17-33.5b by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.

Notwithstanding the provision of paragraph a above, an owner of property from which Pinelands Development Credits are sold may retain a right for residential development on that property provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands Development Credits for that property is reduced in proportion to the lot area required pursuant to this Article for the residential development. Subdivision of the property shall not be required until such time as the residential development right is exercised. No such reduction is required if the right to develop a farm related residence in accord with N.J.A.C. 7:50-5.24(a)2 is retained.

No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 17-75 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

§ 17-33.3 Pinelands Development Credit Bonus Multipliers.

[Ord. #1985-7, A VI, BB]

Pinelands Development Credits which are used for securing a density bonus for parcels of land located in a Regional Growth District shall yield a bonus of four dwelling units per credit.

§ 17-33.4 Aggregation of Development Credits.

[Ord. #1985-7, A VI, BB]

Pinelands Development Credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a Regional Growth District provided that the density does not exceed one dwelling unit per acre.

§ 17-33.5 Recordation of Deed Restrictions.

[Ord. #1985-7, A VI, BB; Ord. #1989-3, § 3; Ord. § 1991-3, § 2; Ord. #2012-4, § 4; Ord. No. 2018-5 § 6]

No conveyance, sale, or transfer of Pinelands Development Credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands Development Credits were obtained, the agency or organization to which the restriction is in favor, and the Pinelands Commission have been provided with the evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

Such deed restriction shall specify the number of Pinelands Development Credits sold and that the property may only be used in perpetuity for the following uses:

In the Preservation Area District: Berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; and accessory uses.

In the Special Agricultural Production Area: Berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; agricultural employee housing as an accessory use; fish and wildlife management; wetlands management; and accessory uses.

In the Agricultural Production Area: Agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; agricultural products processing facilities; and accessory uses.

[Ord. No. 2018-5 § 6]

§ 17-33.6 Evidence of Ownership of Pinelands Development Credits Required.

[Ord. #1989-3, § 3; Ord. #1993-2, § 3; Ord. #1997-9, § 13; Ord. #2001-4, § 5]

§ 17-33.7 Use of Pinelands Development Credits.

[Ord. #1993-2, § 3; Ord. #1993-4, § 2; Ord. #1997-9, §§ 14, 15; Ord. #2001-4, § 6]

Pine-lands Development Credits shall be used in the following manner:

To permit development of parcels of land in the Regional Growth Area according to the density and lot area requirements set forth in subsections 17-48.1a and 17-92 of this Chapter;

When a variance of density or minimum lot area requirements for any of the Township's Regional Growth Districts is granted by the Township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;

When a variance or other approval for a nonresidential use not otherwise permitted in Regional Growth Residential or Regional Growth Mobile Home Districts is granted by the Township, Pinelands Development Credits shall be used at 50% of the maxi-mum rate permitted for Pinelands Development Credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

When a variance or other approval for a residential use in the Regional Growth Shopping Center District is granted by the Township, other than in association with planned commercial development, Pinelands Development Credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.

When a variance for cultural housing is granted by the Township in accordance with subsection 17-23.2 of this Chapter; and

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the Pinelands Village District is granted by the Township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

§ 17-34.1 Uses.

[Ord. #1985-7, A VI, CC; Ord. #1989-3, § 3; Ord. #1993-2, § 3; Ord. #2012-4, § 5]

No development in the Pinelands Area shall be permitted in a wetland or wetlands transition area except for the following uses:

Horticulture of native Pinelands species in accordance with the requirements of Section 17-38 of this Chapter;

Berry agriculture in accordance with the requirements of Section 17-38 of this Chapter;

Beekeeping;

Forestry in accordance with the requirements of Section 17-37 of this Chapter;

Fish and wildlife management and wetlands management in accordance with N.J.A.C. 7:50-6.10.

Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in subsection 17-34.2b and c below.

Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in subsection 17-34.2 hereof; and

Commercial or public docks, piers, moorings, and boat launches shall be permitted provided that:

There is demonstrated need for the facility that cannot be met by existing facilities;

The development conforms with all State and Federal regulations; and

The development will not result in a significant adverse impact, as set forth in subsection 17-34.2 hereof;

Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities provided that:

There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

The use represents a need which overrides the importance of protecting the wetland;

Development of the facility will include all practical measures and mitigate the adverse impact on the wetland; and

The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

§ 17-34.2 Performance Standards.

[Ord. #1985-7, A VI, CC; Ord. #1989-3, § 3]

No development, except for those uses which are specifically authorized in subsection 17-34.1a through d, shall be carried out within three hundred (300') feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.

A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components including, but not limited to, threatened or endangered species of plants or animals.

An increase in surface water runoff discharging into a wetland;

A change in the normal seasonal flow patterns in the wetland;

An alteration of the water table in the wetland;

An increase in erosion resulting in increased sedimentation in the wetland;

A change in the natural chemistry of the ground or surface water in the wetland;

A loss of wetland habitat;

A reduction in wetland habitat diversity;

A change in wetlands species composition; or

A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting, or feeding.

Determinations under paragraph b above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

§ 17-35.1 Vegetation and Landscaping.

[Ord. #1985-7, A VI, DD; Ord. #1997-9, § 16]

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this Chapter;

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in paragraph d below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to subsection c above or required pursuant to subsection 16-14.1f,3 shall incorporate the following elements:

The limits of clearing shall be identified;

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

(a)

When the parcel to be developed or its environs contain a predominance of shrubs and three species not authorized by N.J.A.C. 7:50-6.25;

(b)

For limited ornamental purposes around buildings and other structures; or

(c)

When limited use of other shrubs or tree species is required for proper screening or buffering.

§ 17-35.2 Development Prohibited in the Vicinity of Threatened or Endangered Plants.

[Ord. #1985-7, A VI, DD; Ord. #1989-3, § 3; Ord. #1997-9, § 17]

No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

§ 17-36.1 Protection of Threatened or Endangered Wildlife Required.

[Ord. #1985-7, A VI, EE; Ord. #1989-3, § 3]

No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

§ 17-36.2 Protection of Wildlife Habitat.

[Ord. #1985-7, A VI, EE]

All development or other authorized activity shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.

§ 17-37 FORESTRY.

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1985-7 and 1989-3.

§ 17-37.1 Forest Permit Required.

[Ord. #1997-9, § 18]

No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;

Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and

Prescribed burning and the clearing and maintaining of fire breaks.

§ 17-37.2 Forestry Application Requirements.

[Ord. #1997-9, § 18; Ord. #2012-4, § 6]

The information in paragraphs a or b below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

For all other forestry applications:

The applicant's name and address and his interest in the subject parcel;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The description, including block and lot designation and street address, if any, of the subject parcel;

A description of all existing uses of the subject parcel;

A brief written statement generally describing the proposed forestry operation;

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;

A forestry management plan that includes, as appropriate:

(a)

A cover page for the plan containing:

(1)

The name, mailing address and telephone number of the owner of the subject parcel;

(2)

The municipality and county in which the subject parcel is located;

(3)

The block and lot designation and street address, if any, of the subject parcel;

(4)

The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

(5)

The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

(b)

A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

(c)

A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands Native Forest Types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as, the following information:

(1)

The number of acres;

(2)

The general condition and quality of each stand;

(3)

The overall site quality, relative to the management goals and objectives identified in paragraph b(7)(b) above;

(4)

An inventory and map of Pinelands Native Forest Types with Native Forest Types broken into "stands," including information on type, size and volume by species;

(5)

The age of representative trees;

(6)

The species composition, including overstory, understory, ground layer structure and composition;

(7)

The stand cohort composition;

(8)

The percent cover;

(9)

The basal area;

(10)

The structure, including age classes, diameter breast height (DBH) classes and crown classes;

(11)

The condition and species composition of advanced regeneration when applicable;

(12)

A stocking table showing the stocking levels, growth rates and volume;

(13)

Projections of intended future stand characteristics at 10-, 20-, and 40-year intervals;

(14)

A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:

(i)

Stand improvement practices;

(ii)

Site preparation practices;

(iii)

Harvesting practices;

(iv)

Regeneration and reforestation practices;

(v)

Improvements, including road construction, stream crossings, landings, loading areas and skid trails;

(vi)

Herbicide treatments;

(vii)

Silvicultural treatment alternatives;

(viii)

If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;

(ix)

Implementation instructions; and

(x)

Measures that will be taken to prevent the potential spread of exotic plant species or phragmites into wetlands; and

(15)

A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

(d)

A map of the entire parcel which includes the following:

(1)

The owner's name, address and the date the map was prepared;

(2)

An arrow designating the north direction;

(3)

A scale which is not smaller than one (1") inch equals 2,000 feet or larger than one inch equals 400 feet;

(4)

The location of all property lines;

(5)

A delineation of the physical features such as roads, streams and structures;

(6)

The identification of soil types (a separate map may be used for this purpose);

(7)

A map inset showing the location of the parcel in relation to the local area;

(8)

Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one (1") inch equals 400 feet, and shall be appropriately keyed to the property map; and

(9)

A legend defining the symbols appearing on the map.

A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in subsection 17-35.2 and Section 17-36;

A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Section 17-43;

10.

A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in subsection 17-37.3.i,2 below;

11.

A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

12.

Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in subsection 17-37.3 below;

13.

A Certificate of Filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

14.

When prior approval for the forestry activities has been granted by the Zoning Officer or other Township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Section 17-76.

§ 17-37.3 Forestry Standards.

[Ord. #1997-9, § 18; Ord. #2012-4, § 6]

Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps:

Clearcutting cedar and managing slash;

Controlling competition by other plant species;

Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

Utilizing existing streams as cutting boundaries, where practical;

Harvesting during dry periods or when the ground is frozen; and

Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in subsection 17-35.2 and Section 17-36. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Section 17-43;

A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least twenty-five (25') feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of seventy (70') feet to buffer the water body from adjacent forestry activities;

Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

Minimize changes to surface and ground water hydrology;

Minimize changes to temperature and other existing surface water quality and conditions;

Prevent unnecessary soil erosion, siltation and sedimentation; and

Minimize unnecessary disturbances to aquatic and forest habitats.

The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

In areas with slopes of greater than 10%, an undisturbed buffer strip of at least twenty-five (25%) feet in width shall be maintained along roads during site preparation to catch soil particles;

Herbicide treatments shall be permitted, provided that:

(a)

The proposed treatment is identified in the forestry application submitted to the Commission pursuant to subsection 17-37.2.b.10 above;

(b)

Control of competitive plant species is clearly necessary;

(c)

Control of competitive plant species by other, non-chemical means is not practical;

(d)

All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant State and Federal requirements; and

(e)

In Pine-Shrub Oak Native Forest Types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak re-sprouting outside those areas subject to the herbicide treatment;

Broadcast scarification and mechanical weeding shall be permitted in all Pinelands Native Forest Types;

Disking shall be permitted, provided that:

(a)

It shall not be permitted in Pine Plains Native Forest Types;

(b)

Disking shall only be permitted in Pine-Shrub Oak Native Forest Types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:

(1)

Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and

(2)

Only single-pass disking, which penetrates the soil no deeper than six (6") inches, shall be permitted.

(c)

It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

(d)

It shall follow land contours when slopes are discernible;

Root raking shall be permitted, provided that:

(a)

It shall not be permitted in Pine-Shrub Oak Native Forest Types or Pine Plains Native Forest Types;

(b)

When used to establish, restore or regenerate Atlantic White Cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

(c)

Root raking debris shall not be piled in wetlands;

Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands Native Forest Types; and

Drum chopping shall be permitted, provided that:

(a)

It shall not be permitted in Pine Plains Native Forest Types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;

(b)

It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

(c)

It shall adhere to the following procedures:

(1)

No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;

(2)

Drums shall remain unfilled when used during the dormant season;

(3)

Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;

(4)

Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

(5)

Avoid short-radius, 180-degree turns at the end of each straight pass.

The following standards shall apply to silvicultural practices for harvesting:

Clearcutting shall be permitted, provided that:

(a)

It shall not be permitted in Pine Plains Native Forest Types;

(b)

It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;

(c)

A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;

(d)

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger clearcut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two 25-acre harvests shall be fifty (50') feet in width and, for a larger harvest, shall increase in width by one (1') foot for each acre of that harvest above 25, to a maximum of three hundred (300') feet in width;

(e)

Where present on a parcel, a minimum of 18 dead snags per acre of at least ten (10") inches diameter breast height (DBH) and six (6') feet in height shall be left on the parcel for a minimum of five years; and

(f)

The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak in which case straight edges may be used;

Coppicing shall be permitted in all Pinelands Native Forest Types, provided that:

(a)

It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

(b)

A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;

(c)

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger coppice cut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two 25-acre harvests shall be fifty (50') feet in width and, for a larger harvest, shall increase in width by one (1') foot for each acre of that harvest above twenty-five (25'), to a maximum of three hundred (300') feet in width;

(d)

Where present on a parcel, a minimum of 18 dead snags per acre of at least ten (10") inches DBH and six (6') feet in height shall be left on the parcel for a minimum of five years; and

(e)

The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used;

Seed tree cutting shall be permitted in all Pinelands Native Forest Types, provided that:

(a)

It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

(b)

A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;

(c)

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger seed tree cut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two 25-acre harvests shall be fifty (50') feet in width and, for a larger harvest, shall increase in width by one (1') foot for each acre of that harvest above 25, to a maximum of three hundred (300') feet in width;

(d)

Where present on a parcel, a minimum of 18 dead snags per acre of at least ten (10") inches DBH and six (6') feet in height shall be left on the parcel for a minimum of five years;

(e)

The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;

(f)

Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and

(g)

Residual seed trees shall be distributed evenly throughout the parcel; and

Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands Native Forest Types.

The following standards shall apply to silvicultural practices for forest regeneration:

Natural regeneration shall be permitted in all Pinelands Native Forest Types and shall be required in the Pine Plains Native Forest Type, except as provided in paragraph k.2 below; and

Artificial regeneration shall be permitted in all Pinelands Native Forest Types provided that:

(a)

The use of non-native cuttings, seedlings or seeds shall not be permitted;

(b)

The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;

(c)

Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

(d)

When used in Pine Plains Native Forest Types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

Thinning shall be permitted in all Pinelands Native Forest Types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.

§ 17-37.4 Forestry Permit Procedures.

[Ord. #1997-9, § 18]

Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.

Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the fifteenth (15th) day following its submission.

Within 45 days of determining an application to be complete pursuant to paragraph b above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in subsection 17-37.3 or disapprove any application which does not meet the requirements of subsection 17-37.3. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

Upon receipt of a notice of disapproval pursuant to paragraph c above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in subsection 17-37.3 and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to paragraph c above.

Failure of the Zoning Officer to act within the time period prescribed in paragraphs c and d above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in Article XII.

Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this Ordinance and the Pinelands Comprehensive Management Plan are met.

§ 17-37.5 Administrative Fees.

[Ord. #1997-9, § 18]

Upon the issuance of a forestry permit pursuant to subsection 17-37.4c, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the 10 year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

§ 17-37.6 Notification of Harvesting.

[Ord. #1997-9, § 18]

No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours written notice of the intention to begin harvesting operations.

§ 17-38 RECOMMENDED MANAGEMENT PRACTICES FOR AGRICULTURE.

[Ord. #1985-7, A GG]

All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.

In Agricultural Production Districts and Special Agricultural Production Districts a Resource Conservation Plan shall be prepared by the operator of every agricultural use, or the appropriate Soil Conservation District, located in an area which has been designated by any agency of Federal, State, or local government as having substandard surface or ground water, if the agricultural uses have been identified by the agency as likely to have caused the problem. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The Resource Conservation Plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:

Erosion and runoff: Soil Conservation Service Technical Guide;

Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

Every agricultural operation in the municipality wherever located is hereby protected and exempt from all nuisance ordinances (Comprehensive Management Plan 6-504) and is governed by the right to farm ordinance adopted by the Township of Tabernacle, Ordinance No. 1981-9.[1]

[1]

Editor's Note: Ordinance No. 1981-9 is codified in Chapter 2, Section 2-17.

§ 17-39.1 General.

[Ord. #1985-7, A VI, HH; Ord. #1989-3, § 3]

All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.

Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

§ 17-39.2 Minimum Standards for Point and Non-Point Source Discharges.

[Ord. #1985-7, A VI, HH; Ord. #1989-3, § 3; Ord. #1997-9, §§ 19—24; Ord. #2003-10, § 1; Ord. No. 2018-5 § 8; Ord. No. 2018-5; amended 8-28-2023 by Ord. No. 2023-4]

The following point and non-point sources may be developed and operated in the Pinelands:

Development of new or the expansion of existing commercial, industrial and waste water treatment facilities, or the development of new or the expansion of existing non-point sources, except those specifically regulated in paragraphs b through f below, provided that:

There will be no direct discharge into any surface water body;

All discharges from the facility or use are of a quality and quantity such that ground water exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;

All public waste water treatment facilities are designed to accept and treat septage; and

All storage facilities, including ponds or lagoons, are lined to prevent leakage into ground water.

Development of new waste water treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site waste water treatment system where a public health problem has been identified may be exempted from the standards of paragraph a, 2 above provided that:

There will be no direct discharge into any surface water body;

The facility is designed only to accommodate waste water from existing residential, commercial, and industrial development;

Adherence to paragraph a, 2 above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines but in no case shall ground water exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

Improvements to existing commercial, industrial, and waste water treatment facilities which discharge directly into surface waters provided that:

There is no practical alternative available that would adhere to the standards of paragraph a, 1 above;

There is no increase in the existing approved capacity of the facility; and

All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this Chapter;

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph d,3 below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to subsection 17-33.5 or Section 17-46;

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

The depth to seasonal high water table is at least five (5') feet;

Any potable water well will be drilled and cased to a depth of at least one hundred (100') feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least fifty (50') feet;

The system will be maintained and inspected in accordance with the requirements of subsection 17-39.3;

The technology has been approved for use by the New Jersey Department of Environmental Protection; and

Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the waste water, provided that:

The standards set forth in paragraphs d,1 and d,3 through 8 above are met;

If the proposed development is nonresidential, it is located:

(a)

In a Pinelands Regional Growth Area or Pinelands Village; or

(b)

In the Pinelands Rural Development Area, Agricultural Production Area, Forest Area, or the ICD or IRD zoning districts, subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(2).

[Ord. No. 2018-5 § 7]

The design of the system and its discharge paint, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph d,3 above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to subsection 17-33.5 or Section 17-46.

Surface water runoff, provided that the requirements of Chapter 20, Stormwater Control, are met.

Alternate Design Pilot Program Treatment Systems, provided that:

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this paragraph;

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph g.3 below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to subsection 17-33.5 or Section 17-46;

The depth to seasonal high water table is at least five (5') feet;

No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single family dwelling;

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

Each system shall be designed and constructed so that samples of effluent leaving the Alternate Design Pilot Program septic system can be readily taken to confirm the performance of the technology;

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

10.

Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v. that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

[Ord. No. 2018-5 § 8]

11.

The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi. that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in paragraph g,9 above and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

[Ord. No. 2018-5 § 8]

12.

(Reserved)

[Ord. No. 2018-5 § 8]

§ 17-39.3 Individual Wastewater Treatment Facility and Petroleum Tank Maintenance.

[Ord. #1985-7, A VI, II; Ord. #1989-3, § 3]

The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean Water Act:

Have the facility inspected by a technician at least once every three years;

Have the facility cleaned at least once every three years;

Once every three years submit to the Burlington County Health Department a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.

§ 17-39.4 Prohibited Chemicals and Materials.

[Ord. #1985-7, A VI, HH; Ord. #1989-3, § 3]

Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface or ground water or any land:

Septic tank cleaners; and

Waste oil.

All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil, and shall be covered with an impermeable surface which shields the facility from precipitation.

No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.

§ 17-39.5 Water Management.

[Ord. #1985-5, A VI, HH; Ord. #1989-3, § 3; amended 9-23-2024 by Ord. No. 2024-8]

Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

A diversion within Tabernacle Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at paragraph b1 and 2 below, or outside of either basin, shall be prohibited.

The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

A diversion within Tabernacle Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at paragraph b1 and 2 above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at paragraph d below.

Within Tabernacle Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at paragraph d3 through 6 below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a water allocation permit or water use registration number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

When evaluating whether the proposed diversion meets the criteria set forth at paragraph d3 through 6 below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.

The standards set forth at paragraph d3 through 6 below shall not apply to:

(a)

A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

(1)

Be approximately the same depth as the existing well;

(2)

Divert from the same aquifer as the existing well;

(3)

Have the same or lesser pump capacity as the existing well; and

(4)

Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

(b)

Any proposed diversion that is exclusively for agricultural or horticultural use; or

(c)

Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or water body or otherwise results in offsite flow, and the diversion and return are located on the same parcel.

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; Rural Development Area; Agricultural Production Area; and the Pinelands Village of Tabernacle.

A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.

An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.

§ 17-40.1 Scenic Corridors.

[Ord. #1985-7, A VI, II; Ord. #1989-3, § 3]

Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads and all navigable streams and all lakes and ponds in the Preservation Area, Rural Development, and Forest Area Districts shall be considered scenic corridors, with the exception of road systems that are internal to a subdivision.

§ 17-40.2 Special Requirements for Scenic Corridors.

[Ord. #1985-7, A VI, II; Ord. #2012-4, § 6]

Except as otherwise provided in this subsection, no permit shall be issued for development on a scenic corridor other than for agricultural product sales establishments unless the applicant demonstrates that all buildings are set back at least two hundred (200') feet from the center line of the corridor.

If compliance with the two hundred (200') foot setback is constrained by environmental or other physical considerations, such as wetlands, or active agricultural operations, the building shall be set back as close to two hundred (200') feet as practical and the site shall be landscaped in accordance with the provisions of Section 17-35 of this Chapter so as to provide screening from the corridor.

If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than two hundred (200') feet within one thousand (1,000') feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of Section 17-35 of this Chapter so as to provide screening between the building and the corridor.

The requirements of subsection 17-40.2.a through c shall not apply to residential cluster developments which comply with the standards of Section 17-47D.

§ 17-40.3 Motor Vehicle Screening and Storage.

[Ord. #1985-7, A VI, II]

No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

§ 17-40.4 Location of Utilities.

[Ord. #1985-7, A VI, II]

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

Above-ground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with Section 17-35 of this Chapter.

All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

§ 17-41 FIRE MANAGEMENT.

[Ord. #1985-7, A VI, JJ; Ord. #1989-3, § 3]

The following vegetation classifications shall be used in determining the fire hazard of a parcel of land:

Hazard	Vegetation Type
Low	Atlantic white cedar Hardwood swamps
Moderate	Non-pine barrens forest Prescribed burned areas
High	Pine barrens forest including mature forms of pine, pine-oak, or oak-pine.
Extreme	Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland.

No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under the Fire Hazard Classification set out in paragraph a above unless such development complies with the following standards:

All proposed developments, or units or sections thereof, of 25 swelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire fighting equipment;

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

The rights-of-way of all roads will be maintained so that they provided an effective fire break;

A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

(a)

In moderate fire hazard areas, a fuel leak of thirty (30') feet measured outward from the structure in which:

(1)

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

(2)

All dead plant material is removed.

(b)

In high fire hazard areas a fuel break of seventy-five (75') feet measured outward from the structure in which:

(1)

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

(2)

All dead plant material is removed.

(c)

In extreme fire hazard areas a fuel break of one hundred (100') feet measured outward from the structure in which:

(1)

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis;

(2)

No pine tree (Pinus spp.) is closer than twenty-five (25') feet to another pine tree; and

(3)

All dead plant material is removed.

All residential development of 100 dwelling units or more in high or extreme fire hazard areas will have a two hundred (200') foot perimeter fuel break between all structures and the forest in which:

(a)

Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;

(b)

All dead plant material is removed;

(c)

Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

(d)

There is a specific program for maintenance.

All structures will meet the following specifications:

(a)

Roofs and exteriors will be constructed of fire resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire retardant-treated wood shingles or shake type roofs are prohibited in high or extreme fire hazard areas.

(b)

All projections such as balconies, decks, and roof gables shall be constructed of fire resistant materials or materials treated with fire retardant chemicals;

(c)

Any openings in the roof, attic, and the floor shall be screened;

(d)

Chimneys and stove pipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets;

(e)

Flat roofs are prohibited in areas where vegetation is higher than the roof.

§ 17-42 RECREATION.

[Ord. #1985-7, A VI, KK; Ord. #1989-3, § 3]

All development within the Pinelands Area shall conform to the following requirements:

All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication "Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities" and N.J.A.C. 7:50-6.143(a)2, 5 and 6; and 6.144(a)1, 2 and 3.

§ 17-43 HISTORIC, ARCHAEOLOGICAL AND CULTURAL RESOURCES.

[Ord. #1985-7, A VI, LL; Ord. #1989-3, § 3; Ord. #1997-9, §§ 25, 26; Ord. #2000-3]

The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to paragraph e, 2 below.

Authority to issue certificates of appropriateness.

The Planning Board shall issue all certificates of appropriateness except as specified in paragraph b, 2.

The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

Certificates of appropriateness shall be required for the following:

Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and

Development not otherwise exempted from review pursuant to Article XII, Section 17-72 of this Chapter where a significant resource has been identified pursuant to paragraph e below.

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

A cultural resource survey shall accompany all applications for development in the Pinelands Village and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of State, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

This requirement for a survey may be waived by the local approval agency if:

(a)

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

(b)

The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

(c)

The evidence of cultural activity lacks any potential for significance pursuant to the standards of paragraph e, 2(b) below.

A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

(a)

The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, State, local community or the Pinelands; or

(b)

The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, State, local community or the Pinelands; or

(c)

The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, State, local community or the Pinelands, although its components may lack individual distinction; or

(d)

The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.

The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.

The effect of the issuance of a certificate of appropriateness is as follows:

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in paragraph 2 below.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in paragraph e above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 C.F.R. 66).

The following buildings are hereby established as historic sites to be preserved and protected in the Township of Tabernacle:

Tabernacle United Methodist Church, formerly known as the Tabernacle Methodist Episcopal Church.

Town Hall, formerly known as the Junior Order of United American Mechanics Hall.

Pepper-Knight House.

§ 17-44 WASTE MANAGEMENT.

[Ord. #1985-7, A VI, MM; Ord. #1989-3, § 3; Ord. #1997-9, § 27]

No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Township. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Township in accordance with the standards set forth in N.J.A.C. 7:50-6.

§ 17-45 AIR QUALITY.

[Ord. #1985-7, A VI, NN; Ord. #1989-3, § 3; Ord. #1997-9, § 28]

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

Applications for the following developments shall ensure that all State ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:

Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the Regional Growth Area; and

Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other district.

§ 17-46 DENSITY TRANSFER PROGRAM.

[Ord. #1985-7, A VI, OO; Ord. #1989-3, § 3; Ord. #1993-2, § 3; Ord. #2012-4, § 8]

Residential dwelling units on one (1.0) acre lots existing as of January 14, 1981 shall be permitted in the Forest and Rural Development Districts, provided that:

The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 40 acres if development is proposed in the Forest Area District and at least three point seven (3.7) acres if development is proposed in either of the Rural Development Districts;

If development is proposed to occur in the Forest Area District, all lands acquired pursuant to paragraph a above, which may or may not be developable, are located within the Forest Area District;

If development is proposed to occur in either of the Rural Development Districts, all lands acquired pursuant to paragraph a above, which may or may not be developable, are located within either of the Rural Development Districts;

All noncontiguous lands acquired pursuant to paragraphs a, b and c above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

The deed of restriction shall permit the parcel to be managed for:

(a)

Low intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this Chapter;

(b)

Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:

(1)

For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

(2)

For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;

(3)

For those agricultural uses established after April 6, 2009 which do not meet the standards of paragraph (b)(2) above, the deed of restriction shall permit the land to be managed only in accordance with paragraph (a) above and shall not provide for continuation of any agricultural use on the parcel; and

(4)

The deed of restriction to be recorded pursuant to paragraph (b)(1) or (2) above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided.

The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.

Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and

The lot proposed for development otherwise means the minimum standards of Article II of this Chapter.

§ 17-47 HEIGHT RESTRICTIONS.

[Ord. #1985-7, A VI, PP; Ord. #1997-9, §§ 29, 30]

Mechanical equipment, chimneys and structures which house or enclose such accessory features, accessory TV and radio antennas, satellite, earth stations, dish antennas, microwave antennas, steeples, cupolas, domes, water towers any of which are located on the roof of a building, may be permitted to be erected above the maximum height of the building in any district, subject to the following conditions:

Not more than 15% of roof coverage.

Not more than 25% of the building height.

Height limitations for buildings shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of two hundred (200') feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.

A tower with antennas thereon or a single free-standing dish antenna is a permitted accessory use for a dwelling unit in any residential zone providing same is for use by an amateur as a hobby and is not used for commercial purposes. No dish antenna shall have a diameter in excess of twelve (12') feet. No antenna located on the tower shall extend beyond the setback provisions set forth below in the body of this Chapter.

With respect to any of the above accessory structures which are free-standing and not attached to a building or on the roof thereof, no such structure shall be closer to any property line than the distance from its base at ground level at its lowest point to the uppermost extremity of the structure and no supporting guy wires, line, anchors or any other similar support mechanisms or antennas on the tower shall be closer to any property line than ten (10') feet. However, in no case shall such structure exceed two hundred (200') feet in height.

With respect to commercial or industrial uses, no accessory structure shall be permitted in the front yard of the principal building with the exception of a flagpole. With respect to residential uses, no accessory structure described above shall be permitted in the front yard of the principal building with the exception of a flagpole. With respect to residential uses, no dish antennas described above shall be permitted in the front of the principal building. These provisions shall not apply to agricultural structures on farms.

Height limitations for buildings shall not apply to the antenna and any supporting structure of a local communication facility of greater than thirty-five (35') feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

§ 17-47A CONSTRUCTION TRAILERS.

[Ord. #1997-7, § 5]

Uses permitted in all zones, areas and districts: Temporary construction trailers during the period of construction beginning with the issuance of a building permit or the first building permit if multiple building permits are involved, and ending when construction is completed or one year, whichever is less, provided said trailer is set back at least fifteen (15') feet from the street or lot lines.

§ 17-47B MANUFACTURED HOUSING-TRAILERS.

[Ord. #1997-7, § 5]

Trailers are prohibited for residential use. This prohibition does not apply to manufactured housing which is twenty-two (22') feet wide or more in width and is located on land, the title to which is held by the manufactured housing home-owner, and which unit is located on a permanent foundation as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-103(b) and/or the New Jersey Construction Code.

The provision against trailers or manufactured housing for residential use will not apply to existing mobile home parks within the Township. Single, residential units not located in mobile home parks which are pre-existing nonconforming uses, may not be replaced unless the replacement unit meets the requirements for manufactured housing set forth above in this section and in the Municipal Land Use Law.

§ 17-47C HOME OFFICE; ELECTRONIC OFFICE.

[Ord. #1997-7, § 5]

A telecommunication office is a permitted use in any residence in any zoning district where residences are a permitted use or are otherwise permitted by law when conducted solely by the residents of the dwelling. It shall have no employees, no clients coming to the premises, no sign, no separate entrance. It shall in no way affect the nature and character of the residential zone or dwelling in which it is located. Pickup and deliveries by common carrier such as UPS or Fed Ex are permitted for all uses, in all districts. Sales of goods or products from the premises are prohibited.

§ 17-47D.1 Residential Cluster Development in the RD-1, RD-2 and FA Districts.

[Ord. #2012-4, § 9]

In the RD-1, RD-2 and FA Districts, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

Permitted density:

(a)

In the RD-1 and RD-2 Districts: one unit per 3.7 acres; and

(b)

In the FA District: one unit per 40 acres.

The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in paragraph a.1 above, with a bonus applied as follows:

Parcel Size	RD-1 and RD-2 Districts	FA District
<50 acres	0	0
50-99.99 acres	10%	25%
100-149.99 acres	15%	30%
>=150 acres	20%	40%

The residential cluster shall be located on the parcel such that the development area:

(a)

Is located proximate to existing roads;

(b)

Is located proximate to existing developed sites on adjacent or nearby parcels;

(c)

Is or will be appropriately buffered in accordance with the requirements of Chapter 17 Article II Section 17-7 entitled "Buffers" from adjoining or nearby nonresidential land uses; and

(d)

Conforms with the minimum environmental standards of this Article.

Development within the residential cluster shall be designed as follows:

(a)

Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b)

The minimum yard and bulk requirements specified for residential development in the Schedule of Limitations, Section 17-89a, shall apply;

(c)

Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of section 17-39.2d may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with paragraph a.5(b)(2) below, individual on-site septic waste water treatment systems shall comply with the standards of subsection 17-39.2e or g. Community on-site waste water treatment systems serving two or more residential dwelling units which meet the standards of subsection 17-39.2e or g shall also be permitted;

(d)

The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

(e)

Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Tabernacle Township or incorporated as part of one of the lots within the cluster development area.

(a)

All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Tabernacle Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

(b)

The deed of restriction shall permit the parcel to be managed for:

(1)

(2)

Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

(i)

(ii)

(iii)

For those agricultural uses established after April 6, 2009 which do not meet the standards of paragraph (b)(2)(i) or (ii) above, the deed of restriction shall permit the land to be managed only in accordance with paragraph (b)(1) above and shall not provide for continuation of any agricultural use on the parcel;

(iv)

The deed of restriction to be recorded pursuant to paragraph (b)(2)(i) or (ii) above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

(v)

For parcels which meet the standards of paragraph (b)(2)(i) or (ii) above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.

§ 17-47E SOLAR ENERGY FACILITIES.

[Added 12-6-2021 by Ord. No. 2021-10]

Solar energy facilities shall be permitted as a principal use in the Preservation Area District, provided that the following standards are met:

The solar energy facility shall be located on the parcel of a resource extraction operation and:

(a)

The facility shall be limited to those portions of the parcel comprised of previously mined areas that have not subsequently been restored;

(b)

The maximum acreage of the solar energy facility, including the area of the required firebreak, shall not exceed 25 acres; and

(c)

The remainder of the parcel shall be deed restricted in accordance with Subsection 17-33.5a of this chapter.

The acquisition and redemption of 0.25 Pinelands Development Credits shall be required for every four acres of the combined land area occupied by the solar energy facility and fire break required by paragraph a5 below.

The solar energy facility, including any proposed off-site infrastructure, shall be located and screened with vegetation and by topography (where feasible) to minimize visual impacts as viewed from:

(a)

The wild and scenic rivers and special scenic corridors listed in N.J.A.C. 7:50-6.105(a);

(b)

Publicly dedicated roads and highways;

(c)

Low intensity recreational facilities and campgrounds; and

(d)

Existing residential dwellings located on contiguous parcels.

Vegetated areas for visual screening of the solar facility shall not be less than 50 feet in width and consist of at least three rows of trees with associated understory plants which may include existing vegetation, new plantings, or a combination thereof. New plantings shall be consistent with the requirements of N.J.A.C. 7:50-6.21 et seq. and meet the following requirements.

(1)

Deciduous trees shall be at least 3.5 inch caliper and 14 feet in height at the time of planting;

(2)

Evergreen trees shall have a minimum height at planting of six feet;

(3)

Trees shall be planted 10 feet on center in staggered rows.

If the development of new or expansion of existing on-site or off-site infrastructure be necessary to accommodate the solar energy facility, clearing shall be limited to that which is necessary to accommodate the infrastructure in accordance with subsections 17-35.1 paragraphs a and b of this chapter. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns.

A firebreak 50 feet in width outside of the fenced perimeter of the solar energy facility is required. The firebreak and area within the fenced perimeter of the solar facility may be vegetated with grass species consistent with the requirements of N.J.A.C. 7:50-6.21 et seq., but in no case shall the combined footprint of the solar energy facility and firebreak exceed 25 acres.

The owner of the solar energy facility shall mow the grassed areas permitted by paragraph a5 above not less than two times per calendar year and the maximum permitted height above grade of vegetation within such areas shall be 12 inches.

The owner of the solar energy facility shall ensure that there is no new tree growth within the footprint of the solar energy facility and fifty-foot wide firebreak, but in no event shall the area of tree maintenance or removal exceed 25 acres and no maintenance or removal of trees shall be performed in the deed restricted area for the purpose of construction or operation of the solar energy facility.

Prior to operation (and periodically upon request), the owner of the solar energy facility shall provide orientation and training to the local fire department and other first responders concerning safe entry and operation within the solar facility for provision of emergency services.

The solar energy facility shall be constructed and maintained in accordance with applicable engineering design and manufacturing practices and all applicable fire, electrical and construction codes.

10.

In order to minimize offsite impacts of radio frequency emissions, the solar energy facility shall be designed with the following minimum setbacks and standards.

(a)

Solar panels shall be located a minimum 100 feet from the property line;

(b)

Solar inverters shall be located a minimum 150 feet from the property line;

(c)

The facility's equipment shall be designed, constructed and maintained to assure compliance with the standard set forth in the Code of Federal Regulations (CFR) Title 47 Part 15 Subpart B 15.109.

11.

Any solar energy facility shall be decommissioned within 12 months of the cessation of its utilization. Decommissioning shall include:

(a)

Removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel;

(b)

Restoration of the parcel in accordance with Subsections 17-35.1 paragraphs d1 through d4 of this chapter, unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with this chapter within that twelve-month period; and

(c)

Any other measures necessary to address ecological and visual impacts associated with the solar energy facility, including the removal of off-site infrastructure and restoration of affected lands.

12.

Any solar energy facility in the Preservation Area District shall be enclosed with a fence that adheres with local electrical and building codes. The fence shall be a minimum of seven feet in height with a maximum height of nine feet made of two-inch galvanized mesh with top and bottom tension wire, surround the solar facility and prevent unauthorized entry of persons or vehicles into the solar area of the solar array and any of the solar facility's associated inverters and transformers. A 'Knox-Box^®' shall be installed at the site entrance to provide keyed entry to first responders.

Tabernacle TownshipCity Zoning Code

ARTICLE II

§ 17-6 ACCESSORY BUILDINGS.

§ 17-7 BUFFERS.

§ 17-8 CORNER LOTS.

§ 17-9 ENERGY CONSERVATION.

§ 17-10 FENCES AND WALLS.

§ 17-11 GRADING.

§ 17-12 LIGHTING.

§ 17-13 LOT AREAS.

§ 17-14 MULTIPLE USES FOR COMMERCIAL AND INDUSTRIAL SITES.

§ 17-15 NONCONFORMING USES, STRUCTURES OR LOTS.

§ 17-15.1 Existing Uses.

§ 17-15.2 Abandonment.

§ 17-15.3 Conversion to Permitted Use.

§ 17-15.4 Repairs and Maintenance.

§ 17-15.5 Sale.

§ 17-15.6 Nonconforming Lots and Structures.

§ 17-16 NONCONFORMING OR SUBSTANDARD LOTS, PINELANDS PROVISION.

§ 17-17 COMMERCIAL AND RECREATIONAL VEHICLES IN RESIDENTIAL ZONES.

§ 17-18.1 Electricity.

§ 17-18.2 Glare.

§ 17-18.3 Air, Water and Environmental Pollution.

§ 17-18.4 Storage and Waste Disposal.

§ 17-19 PRINCIPAL USE.

§ 17-20 SERVICE STATIONS.

§ 17-21 SIGHT TRIANGLES.

§ 17-22 SIGNS.

§ 17-22.1 Animated, Flashing and Illusionary Signs.

§ 17-22.2 Attached Signs.

§ 17-22.3 Free-Standing Signs.

§ 17-22.4 Height.

§ 17-22.5 Illuminated Signs.

§ 17-22.6 Location.

§ 17-22.7 Maintenance.

§ 17-22.8 Number of Signs.

§ 17-22.9 Real Estate Signs.

§ 17-22.10 Sign Area and Dimension.

§ 17-22.11 Temporary Signs.

§ 17-22.12 Off-Site Commercial Advertising Signs.

§ 17-22.13 Commercial Buildings Facade Sign.

§ 17-22.14 Commercial Buildings - Free-Standing Signs.

§ 17-22.15 Shopping Centers.

§ 17-22.16 Service Stations.

§ 17-22.17 Industrial Uses.

§ 17-23.1 Cultural Housing.

§ 17-23.2 Additional Provisions for Cultural Housing.

§ 17-24 RESOURCE EXTRACTION. [1]

§ 17-24.1 General Provisions.

§ 17-24.2 Application.

§ 17-24.3 Time Limit on Board Approval.

§ 17-24.4 Resource Extraction Standards.

§ 17-24.5 Penalties.

§ 17-25 COMMERCIAL AND INDUSTRIAL USES: GENERAL REQUIREMENTS; MINIMUM OFF-STREET PARKING; MINIMUM OFF-STREET LOADING.

§ 17-26 MINIMUM OFF-STREET PARKING.

§ 17-26A.1 Purpose.

§ 17-26A.2 Definitions.

§ 17-26A.3 Approvals and Permits.

§ 17-26A.4 Requirements for New Installation of EVSE and Make-Ready Parking Spaces.

§ 17-26A.5 Minimum Parking Requirements.

§ 17-26A.6 Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.

§ 17-27 MINIMUM OFF-STREET LOADING: LOCATION OF PARKING AND LOADING AREAS.

§ 17-28 PUBLIC DEVELOPMENT.

§ 17-29 FINANCIAL GUARANTEES REQUIRED BY THE C.M.P.

§ 17-30 RIGHT TO FARM. [1]

§ 17-31 PLANNING BOARD AS HISTORIC PRESERVATION BOARD.

§ 17-32 KEEPING OF HORSES.

§ 17-33.1 Pinelands Development Credit Established.

§ 17-33.2 Limitations on Use of Pinelands Development Credits.

§ 17-33.3 Pinelands Development Credit Bonus Multipliers.

§ 17-33.4 Aggregation of Development Credits.

§ 17-33.5 Recordation of Deed Restrictions.

§ 17-33.6 Evidence of Ownership of Pinelands Development Credits Required.

§ 17-33.7 Use of Pinelands Development Credits.

§ 17-34.1 Uses.

§ 17-34.2 Performance Standards.

§ 17-35.1 Vegetation and Landscaping.

§ 17-35.2 Development Prohibited in the Vicinity of Threatened or Endangered Plants.

§ 17-36.1 Protection of Threatened or Endangered Wildlife Required.

§ 17-36.2 Protection of Wildlife Habitat.

Tabernacle Township
City Zoning Code